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Daniels v. Carpenter1/28/2003
The issues presented by the parties can conveniently be restated as follows:
1. Whether Wyoming law imposes a duty upon the appellees, under the circumstances of this case, to protect the appellant from harm caused by an intoxicated minor social guest?
2. Whether the district court abused its discretion in denying the appellant's motion for leave to amend the complaint?
FACTS
[ ] Since this appeal results from the granting of a W.R.C.P. 12(b)(6) motion, we will accept the facts set forth in the complaint as true and will view those facts in the light most favorable to the appellant. Feltner v. Casey Family Program, 902 P.2d 206, 207 (Wyo. 1995). On May 10, 1997, Kenneth Daniels *fn2 (the appellant), Michael T. Jefferson (Jefferson) and other teenaged boys spent the night in a trailer or camper "on land owned by, in the control of, and resided upon by" David and Marilyn Carpenter (the appellees). During the night, Jefferson became highly intoxicated. At about 5:00 a.m., some of the boys, including the appellant, Jefferson, and Ryan Carpenter (Carpenter), left the appellees' property. *fn3 After leaving the property, the boys borrowed a car from Anthony Pacino. At about 6:58 a.m., with Jefferson driving, the car left the road at a high rate of speed and wrecked. Jefferson and Carpenter were killed and the appellant was injured. Jefferson's blood alcohol content at the time of the accident was 0.09%.
[ ] Based on these facts, the appellant sued the appellees, alleging (1) the appellees had a duty to control and supervise the actions of the teenagers; (2) the appellees knew or should have known that Jefferson was intoxicated; (3) the appellees breached their duty to control and supervise Jefferson by allowing him to drink alcoholic beverages and then allowing him to leave their home and drive a vehicle while he was intoxicated; and (4) the appellees' negligent control and supervision of Jefferson was a direct and proximate cause of the appellant's injuries.
[ ] The appellees separately filed motions to dismiss the complaint under W.R.C.P. 12(b)(6) for failure to state a claim upon which relief can be granted. *fn4 The motions, which are identical, contend that (1) the accident did not occur on the appellees' property; (2) the appellees did not own the vehicle that wrecked; (3) Jefferson was not the appellees' son; (4) Jefferson was driving the car for his own purposes and was not on a mission for the appellees; (5) Jefferson and the other teenagers were acting without the appellees' consent or knowledge; and (6) therefore, the appellees owed no statutory or common law duty to the appellant to protect him from the accident that caused his injuries.
[ ] The district court granted the appellees' motions to dismiss, finding that the facts set forth in the complaint did not establish circumstances that would create a duty owed by the appellees to the appellant. The district court also denied the appellant's motion for leave to amend the complaint. This appeal followed.
DISCUSSION
W.R.C.P. 12(b)(6) DISMISSAL
In pursuing review of an order dismissing a complaint, we accept all facts alleged in the complaint as true and view them in the light most favorable to the plaintiff. Gillis v. F & A Enterprises, 934 P.2d 1253, 1254-55 (Wyo.1997). In Gillis, we reiterated that dismissal is a drastic remedy which should be granted sparingly. We sustain a dismissal pursuant to W.R.C.P. 12(b)(6) only when it is certain from the face of the complaint that the plaintiff cannot allege any facts that would entitle him to relief. Garnett v. Brock, 2 P.3d 558, 562 (Wyo. 2000). See also Duncan v. Afton, Inc., 991 P.2d 739, 741-42 (Wyo. 1999) an
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